(ALMOST) EVERYTHING YOU SEX WORKER RIGHTS SEX WORKER WANTED TO KNOW BUT WERE AFRAID TO ASK July 2013 ACKNOWLEDGEMENTS Written by Corinne Goldenberg, Sarah Gunther, Anne Lieberman, Jesse Wrenn and Gitta Zomorodi FRONT COVER Las Golondrinas works to protect and respect sex workers’ rights through human rights education, sexual and reproductive health trainings, and advocacy with local authorities in Nicaragua. Photo by Stefanie Rubin. BACK COVER Sex Workers from Durbar Mahila Samanwaya Committee (DMSC) in West Bengal march at the Sex Worker Freedom Festival in Kolkata, July 2012. Photo by Dale Kongmont, Asia Pacific Network of Sex Workers (APNSW). THE QUESTIONS 1 What is sex work? 2 Why does AJWS fund sex worker rights? 3 Who are sex workers? 4 Why do people do sex work? 5 In places where sex work is illegal, what human rights do sex workers have? 6 What’s the difference between sex work and human trafficking? 7 If sex work and human trafficking are two different things, what are sex worker rights organizations doing to combat human trafficking? 8 Why not just help sex workers leave the industry, instead of focusing on making it better inside the industry? 9 What’s wrong with the criminalization of sex work? 10 What does it mean to decriminalize sex work? 11 What is the difference between “decriminalization” and “legalization”? 12 Why not just criminalize people who buy sex? Won’t that help end sex work? 13 I’m a feminist. Why should I condone sex work? 14 What’s the history of sex worker rights organizing? 15 What has AJWS done in support of sex worker rights? What are we doing now? Appendix: Dos and Don’ts Glossary American Jewish World Service (AJWS) is the leading Jewish organization working to promote human rights and end poverty in the developing world. AJWS advances the rights of women, girls and LGBTI people; promotes recovery from conflict, disasters and oppression; and defends access to food, land and livelihoods. We pursue lasting change by supporting grassroots and global human rights organizations in Africa, Asia and the Americas and by mobilizing our community in the U.S. to advocate for global justice. Working together, we strive to build a more just and equitable world. “We are sex workers. We are workers who use our brains and our skill to earn an income. We are proud to support ourselves and our extended families. We look after each other at work; we fight for safe and fair standards in our industry and equal rights within society. We are a major part of the Thai economy, bringing in lots of tourist dollars. We are active citizens on every issue…politics, economics, environment, laws, rights etc. We try and find the space in society to stand up and be heard. Some see us as problem makers but actually we are part of the solution. We are sex workers.” —AJWS grantee EMPOWER 1. WHAT IS SEX WORK? Although an official definition of sex work does not exist, AJWS refers to sex work as the act of providing sexual services in exchange for money, goods or favors. This term has replaced the word prostitution, which is marked by years of social stigma. The term sex work and, in turn, sex worker, better describes the work and the adults engaging in it. It separates the economic activity from a personal identity and recognizes that sex workers, like all people, have identities beyond their occupation. 2. WHY DOES AJWS FUND SEX WORKER RIGHTS? AJWS believes in the essential dignity of every human being and recognizes that marginalized communities must take the lead in addressing the challenges they confront if we are to make lasting progress toward social justice. Through its grantmaking, AJWS supports organizations led by sex workers and their allies that are working to pursue the full spectrum of rights associated with sexuality, safety, health, control over one’s body, and economic justice for sex workers. In many of the countries where AJWS works, sex workers face extreme stigma, violence and discrimination—with severe consequences for their health and human rights. They face multiple barriers to accessing health services and information, including denial of treatment by health care providers. Because sex work is considered illegitimate and immoral—if not illegal—most sex workers do not experience just or favorable working conditions. Even where sex work is not illegal, sex workers are criminalized through laws on loitering and public indecency. There is widespread resistance from health workers, police and government officials to actively promote and protect the rights of sex workers. Often, sex workers face abuse at the hands of fellow citizens and by authorities responsible for their protection. Sex workers are often reluctant to report human rights abuses to police; in many cases, when they do report abuses, they encounter additional harassment and violence and have limited access to legal recourse. For example: • In April of 2012 in a city in Maharashtra, India, a pregnant sex worker named Anu Mokal was beaten so severely by the police inspector that she suffered a miscarriage. During the beating, the police commissioner allegedly called “women like her” a “shame.”1 • In November 2012, AJWS grantee Las Golondrinas received a call to support a sex worker who had been severely beaten in a bar in Mulukukú, Nicaragua. She had injuries to her head and hand, and would eventually lose three fingers. When the director of Las Golondrinas, Fany Tórrez Rodríguez, arrived at the clinic where the sex worker was supposedly being treated, she found that the health provider had neglected to treat her for two days. After the staff had asked her what her profession was, they did not provide her with the same level of treatment as the other patients and did not even bother to change her blood-soaked sheets and clothes. • In May 2012, police arrested two staff and three members of AJWS grantee Women’s Organization Network for Human Rights Advocacy (WONETHA), a Ugandan sex worker rights organization that runs a drop-in center 1 “Activists protest against police violence.” The Hindu. 15 May 2012. Web. 2013. American Jewish World Service 1 www.ajws.org for sex workers that provides information on sexual and reproductive health. The five people—three of them sex workers—were charged with “living on the earnings of prostitution” under Uganda’s penal code. In addition to violating these people’s rights to freely associate, the police’s actions posed real threats to public health efforts. In the face of these challenges, grassroots sex worker rights organizations have emerged around the world to stake powerful claims for their rights. They are organizing fellow sex workers into labor unions and educating them about their health and human rights. They are providing skills training including financial literacy and support to diversify their livelihoods. They are organizing sex workers to lobby health service providers, police and governments for access to services and protection; raising awareness about Sex workers from Asia and Africa march through Sonagachi red light district as part of the Sex Worker Freedom Festival in Kolkata, July 2012. Photo by Dale the destructive impacts of violent brothel raids and Kongmont, Asia Pacific Network of Sex Workers (APNSW). other misguided efforts to help sex workers; and pursuing legal strategies to decriminalize sex work. To strengthen their ability to advance their rights, sex workers’ organizations are also building alliances with other human rights movements. Funding for these organizations, however, is extremely limited. When available, it is most often restricted to specific projects—most of them focused on HIV prevention or anti-trafficking measures. While such measures are important and there have been positive byproducts (over the last decade, funding for HIV and AIDS has played a significant role in supporting sex workers to organize and has raised the visibility of sex worker rights), these initiatives are not comprehensive enough to address the full spectrum of issues sex workers face. The overwhelming emphasis on HIV and AIDS prevention has meant that other important issues that sex workers face have been overlooked. Few donors provide long-term funding to sex worker rights organizations, and even within the human rights funding community, there is not a strong base of support for sex worker rights. Many funders are not aware of the human rights approach to sex work or if they are aware, they fear taking on the controversial issues surrounding it. These funding challenges were further exacerbated by the U.S. government’s “anti-prostitution pledge,” which severely limited funding for sex worker rights groups.2 According to the pledge—which was struck down by the U.S. Supreme Court in a landmark 6-2 decision on June 20, 2013—any group receiving federal anti-AIDS or anti-trafficking funds was forced to adopt an organization-wide policy opposing “prostitution” in order to be eligible for these funds. There were several problems with the policy, one being that it failed to clearly define what “promoting prostitution” constituted. This led to fear among organizations seeking funds for HIV prevention and treatment that they would not be compliant with the policy if sex workers were included in their programs. As a result, many programs excluded sex workers3 and many organizations have been unable or unwilling to collaborate with sex worker rights organizations out of fear that they would lose their funding. In an attempt to overcome this unjust policy, some organizations publicly refuted it. In 2005, AJWS grantee SANGRAM gained international attention when it refused to sign the pledge and, instead, returned a grant to USAID. Sex worker activists and allies around the world celebrated this positive decision by the Supreme Court, but it is important to note that it applies only to U.S.